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Dissolution Request Canton Court Rijswijk: Procedure and Conditions

Discover the procedure for a dissolution request at the canton court in Rijswijk: grounds, steps and tips for the District Court of The Hague.

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Dissolution Request Canton Court Rijswijk: Complete Guide for Employers and Employees

A dissolution request at the canton court in Rijswijk is a legal step to terminate an employment contract via the court. This alternative to summary dismissal or a settlement agreement is relevant for employers and employees in Rijswijk and surrounding areas. Here you will read everything about the procedure, conditions and specific points of attention for the District Court of The Hague (district Rijswijk).

What Does a Dissolution Request in Rijswijk Mean?

This is an official request to the canton judge to dissolve the employment contract. Both employer and employee can file this. The canton judge tests for reasonable grounds and may award compensation. The provision is set out in Article 7:671b Dutch Civil Code (BW) and is ideal when other routes fail.

Statutory Basis: Article 7:671b BW

Article 7:671b BW provides that the canton judge dissolves the agreement on a reasonable ground. The dismissal grounds are:

Dismissal Grounds for Dissolution

  1. a-ground: Business economic reasons, such as jobs falling away due to reorganisation
  2. b-ground: Long-term illness (more than 104 weeks) without prospect of recovery
  3. c-ground: Poor performance despite support
  4. d-ground: Culpable conduct or omission by employee or employer
  5. e-ground: Seriously disrupted working relationship
  6. f-ground: Refusal of re-integration efforts
  7. g-ground: Other compelling reasons
  8. h-ground: Combination of the above grounds

When to File in Rijswijk?

For Employers in Rijswijk

  • Poor performance after failed improvement processes
  • Irreparable conflicts
  • Reorganisations with job losses
  • Conduct that does not justify urgent dismissal
  • Failed negotiations on a settlement agreement

For Employees

  • Non-compliance with obligations by employer
  • Toxic work atmosphere
  • Culpable employer conduct
  • No prospect of better circumstances

Procedure Step by Step at District Court of The Hague (Rijswijk)

Step 1: UWV or Directly Canton Court?

For a, b, c, f, g or h-ground, first UWV permission. For d- and e-ground, directly to canton court Rijswijk (District Court of The Hague, district).

Step 2: Filing the Petition

File with the canton judge District Court of The Hague, Rijswijk location (address: Sir Winston Churchilllaan 970, 2288 GX Rijswijk). Include:

  • Details of parties
  • Dismissal ground(s)
  • Reasoning with evidence
  • Primary and subsidiary requests
  • Compensation claim

Step 3: Costs and Summons

Pay court fee (approximately €85 for individuals, higher for companies). Registry sends copy and schedules hearing within 4-6 weeks.

Step 4: Response of Respondent

Respondent responds in writing before the hearing.

Step 5: Hearing

Parties explain positions. Judge may mediate. Bring a lawyer, consult the Legal Aid Office Rijswijk (Foreparklaan 3, Rijswijk).

Step 6: Judgment

Within 2-4 weeks, the ruling follows with:

  • Grant/rejection
  • End date
  • Transition payment
  • Fair compensation in case of serious culpability

Tip for Rijswijk: Accessible by tram/train. Contact Legal Aid Office Rijswijk for free advice.

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